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plaintiffdefendantlitigationattorneydepositiondiscoverytrialdefense attorney
plaintiffdefendantlitigationattorneylawyerappealtrialcorporationcivil procedure

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Rico v. Mitsubishi Motors Corp., 42 Cal.4th 807, 171 P.3d 1092, 68 Cal.Rptr.3d 758, 07 Cal. Daily Op. Serv. 14,234, 2007 Daily Journal D.A.R. 18,307

Facts

The case arose from a rollover accident involving a Mitsubishi Montero, leading to serious injuries and death. During litigation, a defense attorney's notes from a strategy session were inadvertently obtained by the plaintiffs' attorney, Raymond Johnson. Despite knowing the document was likely privileged, Johnson used it during depositions, prompting the defendants to seek disqualification of the plaintiffs' legal team. The trial court found that the notes were protected work product and that Johnson's actions were unethical.

Two Mitsubishi corporations (collectively Mitsubishi or defendants), and the California Department of Transportation (Caltrans), were sued by various plaintiffs after a Mitsubishi Montero rolled over while being driven on a freeway. Subsequently, Mitsubishi representatives met with their lawyers, James Yukevich and Alexander Calfo, and two designated defense experts to discuss their litigation strategy and vulnerabilities.

Issue

Whether the plaintiffs' attorney's inadvertent receipt and subsequent use of a privileged document warranted disqualification of the plaintiffs' counsel and experts.

Whether the plaintiffs' attorney's inadvertent receipt and subsequent use of a privileged document warranted disqualification of the plaintiffs' counsel and experts.

Rule

The attorney work product doctrine protects writings that reflect an attorney's impressions, conclusions, opinions, or legal research from discovery. An attorney who receives privileged documents inadvertently must refrain from examining them more than necessary to ascertain their privileged status and must notify opposing counsel immediately.

The Legislature has protected attorney work product under California Code of Civil Procedure section 2018.030, which provides, 'A writing that reflects an attorney's impressions, conclusions, opinions, or legal research or theories is not discoverable under any circumstances.'

Analysis

The court applied the attorney work product doctrine, determining that the notes from the defense's strategy session were protected because they contained the attorney's thoughts and impressions. The court found that Johnson's actions in using the document, despite knowing it was likely privileged, constituted a violation of ethical duties. The court emphasized that the dissemination of the document had irreparably prejudiced the defendants, justifying the disqualification.

Johnson admitted that after a minute or two of review he realized the notes related to the case and that Yukevich did not intend to reveal them. Johnson's own admissions and subsequent conduct clearly demonstrate that he violated the State Fund rule.

Conclusion

The Supreme Court affirmed the disqualification order, concluding that the plaintiffs' attorney's unethical use of the privileged document warranted such a remedy.

We affirm the Court of Appeal's judgment.

Who won?

Defendants prevailed in the case because the court found that the plaintiffs' attorney had acted unethically by using a privileged document, which irreparably prejudiced the defendants.

The trial court settled on disqualification as the proper remedy because of the unmitigable damage caused by Johnson's dissemination and use of the document.

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